This chapter shall be known as "Housing Standards
Applicable to Residential Premises in the City of Rye," or the "Housing
Code of the City of Rye."
[Amended 9-6-1967 by L.L. No. 1-1967]
The purpose of this chapter is to provide basic
and uniform standards, in terms of performance objectives implemented
by specific requirements, governing the condition, occupancy and maintenance
of residential premises, and establishing reasonable safeguards for
the safety, health and welfare of the occupants and users thereof.
The intent of this chapter is also to require buildings to be maintained
in such manner that they continue to comply with the provisions of
this chapter and other codes of the City of Rye.
This chapter shall apply to residential premises
as follows:
A.
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B.
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 108-4.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures, accessory to residential occupancies.
This chapter shall not apply to mobile homes
and mobile home courts or to transient-type occupancies and uses,
including but not limited to nursing and convalescent homes, hotels,
motels, tourist camps, farm labor camps, travel trailers and trailer
parks and other forms of temporary housing.
A.
This chapter establishes standards applicable to residential
premises used or intended to be used for dwelling purposes, irrespective
of when such premises shall have been constructed, altered or repaired.
The standards of this chapter do not replace or modify standards otherwise
established for the construction, repair, alteration or use of building
equipment or facilities.
B.
Where a provision of this chapter is found to be in
conflict with a provision of a zoning, building, electrical, plumbing,
firesafety, health, water supply or sewage disposal law or ordinance,[1] or regulation adopted pursuant thereto, or other local
law, ordinance or regulation, the provision or requirement which is
the more restrictive or which establishes the higher standard shall
prevail.
Installations, alterations and repairs to residential
premises, and materials, assemblies and equipment utilized in connection
therewith, shall be reasonably safe to persons and property and in
conformity with applicable statutes of the State of New York and orders,
rules and regulations issued by authority thereof. Conformity of such
work, materials, assemblies or equipment with the applicable requirements
of the New York State Building Construction Code shall be prima facie
evidence that the same is reasonably safe to persons and property.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of the
residential building and which is located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a residential building. Such accessory
uses may include, among others, the following:
Offices for the building management.
Dining rooms, banquet rooms, public kitchens
and ballrooms.
Recreation and play rooms.
Laundries for the use of tenants and occupants
and in connection with the management and operation of a residential
building.
Maintenance and work shops, storage rooms for
linen, bedding, furniture, supplies and tenants' equipment and effects.
Rooms or space for the incidental sale or display
of merchandise to occupants and tenants, such as newspaper, candy
and cigar stands.
Garages within a residential building or on
the premises thereof, used primarily for the storage of passenger-type
motor vehicles.
Approved by the administrative officer under the regulations
of this chapter, or approved by an authority designated by law or
this chapter.
That space of a building that is partly below grade and which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. See definition of "toilet room."
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
City of Rye.
Building containing not more than one dwelling unit occupied
exclusively for residential purposes.
Building containing not more than two dwelling units occupied
exclusively for residential purposes.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A way of departure from the interior of a building or structure
to the exterior at street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
A household constituting a single housekeeping unit occupied
by one or more persons.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
Natural surface of the ground, or surface of the ground after
completion of any change in contour, abutting building or premises.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be habitable
space. See definitions of "nonhabitable space," "public space" and
"exit."
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit or premises, of insects, rodents,
vermin or other pests.
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
A room or group of rooms forming a single habitable unit,
used or intended to be used for lodging.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
Building containing three or more dwelling units.
Building containing living, sanitary and sleeping
facilities occupied by one or two families and more than four lodgers
residing with either one of such families.
Building with one or more sleeping rooms, other
than a one- or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants.
Building with sleeping accommodations for more
than five persons, used or occupied as a club, dormitory, fraternity
or sorority house or for similar uses.
Building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See § 108-4 for certain multiple dwellings not within scope of this chapter.)
See "multiple dwelling."
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
closets and other spaces for service and maintenance of the building,
and those spaces used for access and vertical travel between stories.
See definitions of "habitable space," "public space" and "exit."
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a residential building for public use, such
as lobbies, lounges, reception, ball, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchens, and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. See definition of "bathroom."
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
